What can I do regarding a non-refundable deposit on a wedding venue that won’t respond?

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What can I do regarding a non-refundable deposit on a wedding venue that won’t respond?

My fiance and I put a nearly $4,000 non-refundable deposit on our wedding venue. The owner of the venue is also the planner/coordinator. She has been difficult to get a hold of. We were supposed to receive a copy of our contract, which we signed, our vendor list, and some quotes for services within a week of our last meeting. We were also supposed to meet next week. We never received any emails from her, despite us reaching out twice. We are both incredibly frustrated and we’re not sure we want to continue with this venue. Since it’s a nonrefundable deposit, are we going to lose our money? Her lack of response is the only reason we want to cancel, so can that get our deposit back?

Asked on March 29, 2018 under Business Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Even a nonrefundable deposit would have to be refunded in the event of "breach of contract": the law does not let someone violate the obligations they took on but still keep your money. If she has failed to do what she promised to do and is generally not performing or even responding, that may provide grounds to recover the money.
It is best for you--from a legal perspective--if she has violated some specific obligation or deadline which was contained in the contract itself; that makes for the easiest case of breach of contract, whereas showing breach in cases of general non-responsiveness, without violation of defined obligations, is more difficult, because you have to convince a court that the lack of response or activity rises to the level of breaching the agreement.
So you may well be legally entitled to your money, but bear in mind that if she will not voluntarily provide it, you will have to sue for the money (for "breach of contract").


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